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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT FOR THE 13TH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: CA 10 009986
DIVISION I
LSREF2 NOVA INVESTMENTS, LLC, a Delaware limited
liability company,
successor in interest to CITIBANK, N.A., a national banking association,
Plaintiff, vs.
CAL STATE INVESTMENT LIMITED PARTNERSHIP, et al.
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Uniform Order of Final Judgment of Foreclosure dated August 22, 2014 and entered in Case No. CA 10 009986, of the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida wherein LSREF2 Nova Investments, LLC is the Plaintiff and Cal State Investment Limited Partnership, J.W. Hunt RE IRA, LLC, Firestone Apartments, LLC, Erik Velastegui, Jill Velastegui, William Moeller, C. Cord Keller, Armando LaFontaine, Jennifer LaFontaine, Leena Banerjee, individually and as Trustee of the Banerjee Family Trust dated December 7, 1990, Gardner Holdings Group, LLC, Linda Sue Silas, Eugene Vollucci, individually and as Trustee of the Provident Family Trust Dated September 17, 1982, Robert Lynch, individually and as Trustee of the Lynch Living Trust Dated January 26, 2005, Hilde Lynch, individually and as Trustee of the Lynch Living Trust Dated January 26, 2005, John Hunt, Donna Hunt, Wayne Gardner, and Audrey Gardner are Defendants, the Hillsborough Clerk of Court will sell to the highest and best bidder for cash at www.hillsborough.realforeclose.com, in accordance with Chapter 45, Florida Statutes, at 10:00 a.m. on Thursday, the 16th day of October 2014, the following described property, as set forth in said Uniform Final Judgment of Foreclosure, to wit:
LOT 66 AND THE SOUTH 55.0 FEET OF THE EAST 116.0 FEET OF LOT 67, W.E. HAMNER'S 56TH STREET ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 65, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA.
Property Address: 5902 E. 122nd Avenue, Tampa, Florida 33613
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All interests which Defendants now have or may hereafter acquire in or to the following:
(A) all buildings, structures, improvements, fixtures, appliances, machinery, equipment, goods, and other articles of real or personal property of every kind and nature (other than consumable goods), whether or not physically attached or affixed to said real property and now or hereafter installed or placed thereon, and used in connection with any existing or future operation thereof (including, but not limited to, all apparatus and equipment used to provide or supply air-cooling, air-conditioning, heat, gas, water, light, power, laundry, garbage disposal, fire prevention and extinguishing equipment, elevators, antennas, pool equipment, window coverings, floor coverings, ranges, ovens, dishwashers, and water heaters) all of the herein above described property called the “Improvements”);
(B) all water, water courses and water rights (whether or not appurtenant) and shares of stock pertaining to such water or water rights, ownership of which affects said real property;
(C) all shrubs, trees, crops, and plants;
(D) all claims, demands and causes of action of every kind (including proceeds of settlements of any such claim, demand, or cause of action of any kind) which Defendants now have or may hereafter acquire arising out of acquisition or ownership of said real property, including insurance proceeds of any kind whatsoever, and any award of damages or compensation for injury to or in connection with any condemnation for public use of said real property or any part thereof (whether or not eminent domain proceedings have been instituted);
(E) all plans and specifications prepared for construction of any Improvements, and all contracts and agreements of Defendants relating to such plans and specifications or to the construction of the Improvements;
(F) all sales agreements, deposits, escrow agreements, and other documents and agreements entered into by Defendants with respect to the sale of all or any part of said real property or any interest therein;
(G) all accounts, deposit accounts, instruments, chattel paper, documents, letters of credit, letter of credit rights, supporting obligations, permits, governmental approvals and entitlements, licenses, management contracts, and other contracts and agreements in which Defendants now have or may hereafter have an interest arising out of, or relating to, the acquisition, development, ownership, management or use of said real property, and all general intangibles arising out of or relating to the acquisition, development, ownership, management or use of said real property, including all software and names by which the Improvements or other property associated therewith may at any time be known or operated and all rights to carry on business under such names or any variant thereof and all trademarks and goodwill in any way relating to the Improvements or such other property;
(H) all deposits of cash, securities or other property which may be held at any time and from time to time by any landlord under a ground lease (if Defendants' interest in said real property or any part thereof consists of a ground lease), to secure the performance by Defendants of the covenants, conditions and agreements to be performed by Defendants thereunder, and any option to purchase the fee simple title to the real property, or any greater interest therein than Defendants now own;
(I) all profits, royalties, tolls, earnings, Income and other benefits therefrom and installments of money payable pursuant to any agreement for sale of said real property or any part thereof or interest therein and any release, termination or “buy-out” consideration now or hereafter payable to Borrower with respect to any lease, rental, tenancy, occupancy or other agreement;
(J) all leases and rental, tenancy and occupancy agreements now or hereafter on or affecting said real property or the Improvements and all books and records pertaining thereto, together with all rents, issues, profits, security deposits, royalties, tolls, earnings, income and other benefits payable thereunder, and
(K) all additions, substitutions and proceeds (cash and non-cash) of the foregoing.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN 60 DAYS AFTER SALE.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator 601 E. Kennedy Blvd., Tampa, FL 33602, Phone: (813) 276-8100, Extension 3880, Email: [email protected], within seven (7) working days of the date the service is needed; if you are hearing or voice impaired, call 711.
Dated: September 25, 2014.
By: Morgan L. Swing
(FL Bar #17092)
Email: [email protected]
[email protected]
Respectfully submitted,
CARLTON FIELDS
JORDEN BURT, P.A.
Miami Tower
100 Southeast Second Street,
Suite 4200
Miami, Florida 33131
Telephone No. (305) 530-0050
Facsimile No. (305) 530-0055
Robert M. Quinn
(FL Bar # 305898)
Email: [email protected]
[email protected]
CARLTON FIELDS
JORDEN BURT, P.A.
4221 W. Boy Scout Blvd., Suite 1000
Tampa, Florida 33607-5780
Telephone No. (813) 223-7000
Facsimile No. (813) 229-4133
Attorneys for Plaintiff
36640046.1
October 3, 10, 2014 14-07079H